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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT
HAMPTON, ONTARIO LOB IJO
<`1 TELEPHONE (416)263-2292
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTE
MEETING OF MARCH 8, 1982.
REPORT NO. WD-14A-82. Y,
SUBJECT: WEIGHT RESTRICTION BY-LAW 80-41 .
RECOMMENDATION:
It is respectfully recommended
1 . That this report be received, and;
2. That Council adopt the attached by-law
allowing for certain exemptions from
the Weight Restrictions specified under
Municipal By-Law 80-41 .
BACKGROUND AND COMMENT:
As Members of the Committee may recall , in the Spring of 1981 the
Town was requested to grant exemptions from the Weight Restrictions
applicable under The Highway Traffic Act and Municipal By-Law 80-41 ;
Council adopted By-Law 81-32 which enabled vehicles engaged in the
collection and transportation of garbage to operate during the usual
Weight Restriction period on the basis of a permit fee per individual
vehicle. By-Law 81-32 expired on May 22, 1982.
Subsequent to the Town' s actions in March of last year, the Province
of Ontario has amended The Highway Traffic Act and now allows certain
classes of vehicles automatic exemption from Spring weight restriction
regulations. Bill 150, amending The Highway Traffic Act, states that
the restrictions do not apply to: " Vehicles operated by or on behalf
of a municipality transporting waste".
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WD-14A-82 _ 2 _
Staff have carefully researched this matter with the Legal Branch
of the Ministry of Transportation & Communications , and are of the
understanding that any vehicles operated under contract to any
municipality, and which may use a Town of Newcastle road, are now
exempt. However, it is also Staff's understanding that any vehicle
not acting 'for or on behalf of a municipality' (e.g. private
contractors, corporations or industries) are still subject to the
regulations imposed by the weight restriction conditions of The
Highway Traffic Act and By-Law 80-41 . In order to enable to use
Town of Newcastle roads during the period when weight restrictions
apply, Staff recommend that By-Law 81-32 be modified and re-enacted
this year.
During the relevant period (March 1st to May 21st) the potential
damage to Municipal roads, and cost to the Town of Newcastle, cannot
be readily ascertained as, among other reasons, it would be most
difficult to differentiate between those vehicles involved in
private haulage and those operating for a municipality; it is felt,
therefore, that only a modest increase in the vehicle permit fee
can be warranted, from the 1981 rate of $100. 00 to $250. 00 for
1982; this will reflect the actual administrative costs for the
current year.
In conclusion, Staff feels that, in order to more adequately identify
and assess the problems of damage to Town of Newcastle roads, this
Municipality should consider the passage of a Truck Route By-Law or,
alternatively, should consider the reconstruction of certain roads ,
in conjunction with the Regional Municipality of Durham and the
owners of the private garbage disposal facilities.
Respectfully submitted,
�l David T. Gray, C.E.T.
Deputy Director of Public Works.
parch 5, 1982.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 8230
Being a by-law to grant exemptions for garbage
collection and garbage transportation vehicles
from the weight restrictions provided by The
Highway Traffic Act and By-Law 80-41 .
WHEREAS The Highway Traffic Act, R.S.O. 1980, Chapter 198, as may
be amended, provides for certain weight restrictions for commercial
motor vehicles and trailers;
AND WHEREAS By-Law 80-41 provides that the weight restriction period
shall run from the first day of March to the twenty-first day of May
in each year;
AND WHEREAS application has been made for an exemption pursuant to
Section 93 of The Highway Traffic Act, as amended, for garbage dis-
posal and garbage transportation vehicles;
AND WHEREAS Council deems it desirable to grant an exemption for the
period from the first day of March, 1982, to the twenty-first day of
May, 1982, for such vehicles ;
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED, as a by-law
of The Corporation of the Town of Newcastle, by the Council thereof,
as follows:
1 . Upon application in writing, the Deputy Director of Public
Works may grant a permit for the moving of heavy vehicles engaged in
the business of collecting or transporting garbage in excess of the
weight limits set out in The Highway Traffic Act, R.S.O. 1980,
Chapter 198, as may be amended, for the period from the first day of
March, 1982, to the twenty-first day of May, 1982, inclusive, upon j
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payment of a fee to the Municipality in the amount of $250. 00 (Two
Hundred and Fifty Dollars) for each vehicle for which the application
is granted.
2. The permit shall be granted in writing by the Deputy Director
of Public Works and shall specifically identify the vehicle by licence
number registration.
3. Each vehicle in respect of which a permit has been granted
shall , during the period March 1st, 1982 to May 21st, 1982, inclusive,
carry a copy of such permit.
ray-Law 82- 30
4. Upon the issuance of the permit, each vehicle in respect of
which the permit is issued shall be exempted from the weight limit
restrictions set out in the Highway Traffic Act and the requirements
of By-Law 80-41 of the Corporation of the Town of Newcastle, upon all
those Municipal Roads identified on the said permit.
5. This by-law and any permits issued hereunder shall expire
on the Twenty-Second day of May, 1982.
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By-Law read a first time this day of March, 1982.
By-Law read a second time this day of March, 1982. j
By-Law read a third time and finally passed this day of March, 1982.
(SEAL)
Mayor
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Clerk �
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